Though Estoppel and Res Judicata may have similar effects, there are fundamental differences between the two:
No. |
Estoppel |
Res Judicata |
1) |
In the case of Estoppel, it is the Person who is estopped. |
In case of Res Judicata it is the court that ceases to have jurisdiction. |
2) |
In the case of Estoppel having made a representation, the person making it is prevented from saying the opposite, (contrary to what he earlier said) |
In Res Judicata, having obtained an adjudication from a competent court, the same matter cannot be agitated again before the same or another court. |
3) |
Estoppel shuts the mouth of a person and prevents him from making contrary statements. |
Res Judicata ousts the jurisdiction of the court and prevents it from deciding over again a matter already decided upon by a competent court. |
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